Download Art and Copyright by Simon Stokes PDF

By Simon Stokes

The single booklet to be had within the united kingdom and is the reason the felony place in admire of copyright in artworks.

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Empire Palace [1894] 2 Ch. 1 (CA), affirmed sub nom. Hanfstaengl v. Baines & Co [1895] AC 20 (discussed in Vaver at 625). 55 So, as we will see later in this book, copyright law protects equally a simple engineering drawing or “logo”, a photograph of a work of art and a painting by an accomplished artist such as John Piper. Whether this is in the interests of society as a whole is another matter—as Laddie J once memorably put it, “. . 56 Another approach is that of Marxist historians who have argued that the emergence of copyright and notions of originality were a conversion of ideas into things: property.

31 (1769) 4 Burr. 2303, 98 ER 252. 32 See, for example, Rahmatian at 97. It can be argued that Lord Mansfield’s judgment in Millar v. Taylor mingles both the economic and personal rights of the author: “[i]n his presentation, the claims of propriety and property reinforced and validated each other: the personal interests moralised the economic claim, while the property claim gave legal weight to the personal interests” (Rose at 82). 33 See Sterling at 43. 34 See Hughes at 287. 35 Thomas at 26, citing Spencer, The Principles of Ethics (1897), ii.

325. In fact the approach of neoclassical economists such as Landes and Posner is somewhat different from earlier “classical” economic approaches: it is much more heavily free market-based and sees far less scope for “fair use” type doctrines except where there is market failure (see Joyce at 68–9). 10 His Autobiography, quoted in Copinger at para. 2–04. 12 Art and Copyright chance of quick returns for the entrepreneur alert for changes of mood and fashion, especially among the young. ”11 In fact the economic argument for copyright protection, in one guise or another, has a long history in English law.

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